Victoria – Security of Payment Calculators

What is the Victorian Security of Payment Act 2002?

The Building and Construction Industry Security of Payment Act 2002 (Vic) gives contractors, subcontractors, and suppliers in the Victorian construction industry a fast-track right to recover progress payments without having to wait for the completion of a contract or the resolution of other disputes. The Act was significantly reformed effective 15 April 2026, aligning it more closely with the national model security of payment legislation.

How is Victoria's SOP Act different from NSW?

Key differences include: (1) Victoria's shutdown period is 22 December – 10 January inclusive, compared to NSW's shorter 27–31 December period; (2) the s 18(2) notice window for adjudication where no payment schedule was served is 20 Victorian business days from the payment due date (vs 10 in NSW); (3) the adjudication response deadline is 2 Victorian business days from the adjudicator acceptance notice only — there is no separate 5-day application-service window as there is in NSW (s 20(1)); and (4) Victoria uses a two-question eligibility test under s 18(1) before a claimant can adjudicate a scheduled amount.

What is the payment schedule deadline under s 15 of the Vic SOP Act?

Under s 15, a respondent must serve a payment schedule within the earlier of: (a) the period specified in the construction contract, or (b) 10 Victorian business days after receiving the payment claim. This calculator computes both deadlines and shows you the binding earlier date. If no payment schedule is served in time, the respondent becomes liable to pay the claimed amount in full and the claimant may apply for adjudication under s 18(2).

When is a payment due under the Vic SOP Act?

Under s 12, the payment due date is the date specified in the construction contract. However, the Act imposes a cap: any contractual payment term later than 20 Victorian business days after service of the payment claim is of no effect — the statutory cap of 20 Victorian business days applies instead. Where the contract specifies no payment date, the default is 10 Victorian business days after the payment claim is served.

How long do I have to apply for adjudication in Victoria?

It depends on which scenario applies under s 18 of the Vic SOP Act 2002:

• Scenario A (s 18(1)) — Payment schedule received: Lodge your adjudication application within 10 Victorian business days of receiving the payment schedule.
• Scenario B (s 18(2)) — No payment schedule served: First serve a written notice of intention to apply for adjudication within 20 Victorian business days of the payment due date. The respondent then has 5 Victorian business days to serve a late payment schedule. You may then apply within 10 Victorian business days after that 5-day period expires.

Use the Victoria Adjudication Calculator to calculate your exact deadline for both scenarios.

What counts as a Victorian business day?

A Victorian business day excludes weekends, Victorian public holidays, and the shutdown period from 22 December to 10 January inclusive. Victorian public holidays include: New Year's Day, Australia Day, Labour Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, King's Birthday, AFL Grand Final Friday (the Friday before the last Saturday of September), Melbourne Cup Day (in metropolitan Melbourne), Christmas Day, and Boxing Day. All calculations on this site apply these Victorian business day rules automatically.

What happens if I miss an adjudication deadline in Victoria?

Missing the s 18(1) or s 18(2) application deadline under the Victorian SOP Act extinguishes your right to adjudicate that particular payment claim. There is no provision for an extension of time. You may still have remedies through litigation (courts or VCAT) depending on the nature of the underlying dispute, but these processes are slower and more costly. If you believe a deadline may have been missed, seek urgent legal advice immediately.